[Congressional Record Volume 145, Number 40 (Monday, March 15, 1999)]
[Senate]
[Pages S2673-S2674]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Mr. Warner, Mrs. Murray, and Mr. 
        Campbell):
  S. 620. A bill to grant a Federal charter to Korean War Veterans 
Association, Incorporated, and for other purposes; to the Committee on 
the Judiciary.


     legislation to grant a federal charter to korean war veterans 
                              association

 Mr. SARBANES. Mr. President, today I am introducing 
legislation together with Senators Warner, Campbell, and Murray, which 
would grant a Federal Charter to the Korean War Veterans Association, 
Incorporated. This legislation recognizes and honors the 5.7 million 
Americans who fought and served during the Korean War for their 
struggles and sacrifices on behalf of freedom and the principles and 
ideals of our Nation.
  Mr. President, the year 2000 will mark the 50th Anniversary of the 
Korean War. In June 1950 when the North Korea People's Army swept 
across the 38th Parallel to occupy Seoul, South Korea, members of our 
Armed Forces--including many from the State of Maryland--immediately 
answered the call of the U.N. to repel this forceful invasion. Without 
hesitation, these soldiers travelled to an unfamiliar corner of the 
world, and joining an unprecedented multinational force comprised of 22 
countries, they risked their lives to protect freedom. The Americans 
who led this international effort were true patriots who fought with 
remarkable courage.
  In battles such as Pork Chop Hill, the Inchon Landing and the frozen 
Chosin Reservoir, which was fought in temperatures as low as 57 degrees 
below 0, they faced some of the most brutal combat in history. By the 
time the fighting had ended, 8,177 Americans were listed as missing or 
prisoners of war--some of whom are still missing--and 54,246 Americans 
had died, the most of any American war in the 20th Century. One hundred 
and thirty-one Korean War Veterans were awarded the Nation's highest 
commendation for combat bravery, the Medal of Honor. Ninety-four of 
these soldiers gave their lives in the process. There is an engraving 
on the Korean War Veterans Memorial which reflects these losses and how 
brutal a war this was. It reads, ``Freedom is not Free.'' Yet, as a 
nation, we have done little more than establish this memorial to 
publicly acknowledge the bravery of those who fought the Korean War. 
The Korean War has been termed by many as the ``Forgotten War.'' Mr. 
President, freedom is not free. We owe our Korean War Veterans a debt 
of gratitude. Granting this federal charter--at no cost to the 
government--is a small expression of appreciation that we as a nation 
can offer to these men and women, one which will enable them to work as 
a unified front to ensure that the ``Forgotten War'' is forgotten no 
more.
  The Korean War Veterans Association was originally incorporated on 
June 25, 1985. Since its first annual reunion and memorial service in 
Arlington, Virginia, where its members decided to develop a national 
focus and strong commitment to service, the association has grown 
substantially to a membership of over 25,000. At present, the KWVA is 
the only veterans organization comprised exclusively of Korean War 
Veterans and one of the few such organizations of its size without a 
federal charter. Over the years, it has established a strong record of 
service and commitment to fellow Korean War veterans, ranging from its 
efforts on behalf of Project Freedom to its successful effort to 
construct a national Korean War Veterans Memorial on the Mall. A 
federal charter would allow the Association to continue and grow its 
mission and further its charitable and benevolent causes. Specifically, 
it will afford the Korean War Veterans' Association the same status as 
other major veterans organizations and allow it to participate as part 
of select committees with other congressionally chartered veterans and 
military groups. A federal charter will also accelerate the 
Association's ``accreditation'' with the Department of Veterans Affairs 
which will enable its members to assist in processing veterans' claims.
  Mr. President, the Korean War Veterans have asked for very little in 
return for their service and sacrifice. I urge my colleagues to join me 
in supporting this legislation and ask that the text of the measure be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 620

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS 
                   ASSOCIATION, INCORPORATED.

       (a) Grant of Charter.--Part B of subtitle II of title 36, 
     United States Code, is amended--
       (1) by striking the following:

                   ``CHAPTER 1201--[RESERVED]''; and

       (2) by inserting the following:

     ``CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

``Sec.
``120101. Organization.
``120102. Purposes.
``120103. Membership.
``120104. Governing body.
``120105. Powers.
``120106. Restrictions.
``120107. Duty to maintain corporate and tax-exempt status.
``120108. Records and inspection.
``120109. Service of process.
``120110. Liability for acts of officers and agents.
``120111. Annual report.

     ``Sec. 120101. Organization

       ``(a) Federal Charter.--Korean War Veterans Association, 
     Incorporated (in this chapter, the `corporation'), 
     incorporated in the State of New York, is a federally 
     chartered corporation.
       ``(b) Expiration of Charter.--If the corporation does not 
     comply with the provisions of this chapter, the charter 
     granted by subsection (a) expires.

     ``Sec. 120102. Purposes

       ``The purposes of the corporation are as provided in its 
     articles of incorporation and include--
       ``(1) organizing, promoting, and maintaining for benevolent 
     and charitable purposes an association of persons who have 
     seen honorable service in the Armed Forces during the Korean 
     War, and of certain other persons;
       ``(2) providing a means of contact and communication among 
     members of the corporation;
       ``(3) promoting the establishment of, and establishing, war 
     and other memorials commemorative of persons who served in 
     the Armed Forces during the Korean War; and
       ``(4) aiding needy members of the corporation, their wives 
     and children, and the widows and children of persons who were 
     members of the corporation at the time of their death.

     ``Sec. 120103. Membership

       ``Eligibility for membership in the corporation, and the 
     rights and privileges of

[[Page S2674]]

     members of the corporation, are as provided in the bylaws of 
     the corporation.

     ``Sec. 120104. Governing body

       ``(a) Board of Directors.--The board of directors of the 
     corporation, and the responsibilities of the board of 
     directors, are as provided in the articles of incorporation 
     of the corporation.
       ``(b) Officers.--The officers of the corporation, and the 
     election of the officers of the corporation, are as provided 
     in the articles of incorporation.

     ``Sec. 120105. Powers

       ``The corporation has only the powers provided in its 
     bylaws and articles of incorporation filed in each State in 
     which it is incorporated.

     ``Sec. 120106. Restrictions

       ``(a) Stock and Dividends.--The corporation may not issue 
     stock or declare or pay a dividend.
       ``(b) Political Activities.--The corporation, or a director 
     or officer of the corporation as such, may not contribute to, 
     support, or participate in any political activity or in any 
     manner attempt to influence legislation.
       ``(c) Loan.--The corporation may not make a loan to a 
     director, officer, or employee of the corporation.
       ``(d) Claim of Governmental Approval or Authority.--The 
     corporation may not claim congressional approval, or the 
     authority of the United States, for any of its activities.

     ``Sec. 120107. Duty to maintain corporate and tax-exempt 
       status

       ``(a) Corporate Status.--The corporation shall maintain its 
     status as a corporation incorporated under the laws of the 
     State of New York.
       ``(b) Tax-Exempt Status.--The corporation shall maintain 
     its status as an organization exempt from taxation under the 
     Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

     ``Sec. 120108. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete records of account;
       ``(2) minutes of the proceedings of its members, board of 
     directors, and committees having any of the authority of its 
     board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of its members entitled to vote on matters relating 
     to the corporation.
       ``(b) Inspection.--A member entitled to vote on matters 
     relating to the corporation, or an agent or attorney of the 
     member, may inspect the records of the corporation for any 
     proper purpose, at any reasonable time.

     ``Sec. 120109. Service of process

       ``The corporation shall have a designated agent in the 
     District of Columbia to receive service of process for the 
     corporation. Notice to or service on the agent is notice to 
     or service on the Corporation.

     ``Sec. 120110. Liability for acts of officers and agents

       ``The corporation is liable for the acts of its officers 
     and agents acting within the scope of their authority.

     ``Sec. 120111. Annual report

       ``The corporation shall submit an annual report to Congress 
     on the activities of the corporation during the preceding 
     fiscal year. The report shall be submitted at the same time 
     as the report of the audit required by section 10101 of this 
     title. The report may not be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by striking the item relating to chapter 1201 and 
     inserting the following new item:

``1201. Korean War Veterans Association, Incorporated.....120101''.....

                                 ______